CPLR 4403 requires a motion to reject a referee's report to be made within 15 days of the filing of the report, while 22 NYCRR 202.44(a) requires the defendant to move to confirm or reject the report within 30 days after notice of the filing of the report. Here, the referee's report was filed on October 18, 2019, when the plaintiff moved to confirm the report. The defendant's cross-motion was filed on December 11, 2019, more than 30 days later. Therefore, that branch of the defendant's cross-motion which was, in effect, to reject the referee's report was untimely.
Plaintiff's motion to confirm the referee's report is granted.
Deutsche Natl. Bank Trust Co. v. Gopaul, NY Slip Op 03679 (2d Dep't July 3, 2024)
